Labour Market Testing Requirements

Employers wishing to sponsor workers for a Temporary Skill Shortage (TSS) visa (subclass 482) must satisfy Labour Market Testing (LMT) conditions before nominating an employee for a position in a nomination application (unless the occupation is exempt from Labour Market Testing or an international trade obligation applies).

Labour Market testing requires that employers first attempt to recruit suitably qualified and experienced Australian citizens or Australian permanent residents for the position they wish to nominate under the 482 visa program. It is important to note that a subclass 482 application is comprised of three separate but related applications: the sponsorship, nomination, and visa applications and that Labour Market Testing is a prescribed requirement of the nomination application.

The practical challenges of Labour Market Testing for employers are two-fold. The first requires that Labour Market Testing is carried out before submitting a nomination application – it takes time to undertake the necessary steps and ensure sufficiency. If evidence is not submitted with the nomination at the time of application, the application will be refused. The second challenge is in identifying exactly what steps should be taken and evidencing that those steps have been completed.

So how then do employers evidence that they have complied with the Department’s Labour Market Testing (LMT) requirements?

Below is a practical ‘how-to list’ of steps that employers should undertake to improve the likelihood of meeting the Department’s Labour Market Testing requirements.

Step 1: Advertise the nominated position (x2)

Complete two (2) separate advertisements for the position (the 2 advertisements can run at the same time or on two separate occasions)

Each advertisement must be in a different medium if they are run at the same time.

Each advertising medium must be acceptable (e.g., national wide websites or print media)

Advertisements must run for at least 28 consecutive days (for online advertisements )